Member Terms and Conditions

The following describes the terms on which 123rank.com offers you products and services. By pressing the "Submit Registration" button, you agree and accept the terms and conditions below.

This User Agreement, as may be amended, and any Addenda you may subsequently accept (the "Agreement") describe the terms and conditions applicable to your membership account (the "Account"). We may amend this Agreement by posting the amended version on our Website. Your continued use of our services indicates your continued acceptance of these terms.

1. You are eligible for a membership account if you are 18 years of age or older. If you are under 18, your parent or guardian must accept this agreement on your behalf by pressing the "Submit Registration" button. In addition, if you are under 14, your parent or guardian must complete and send to us a parental permission form. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access your Free Account. We may add, delete or change some or all of the services provided for free as part of 123rank Membership at any time.

2. We may terminate your Account immediately if you breach this Agreement, if you infringe third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us. Alternatively, in these situations we may choose to remove some or all of your content or make your content private, in which case your content will not be publicly displayed (although you will be able to view it). Following termination (or, to the extent that you exceed the applicable storage limits, following downgrading) of your Account, we may remove some or all of your content from our servers or elect to retain it, at our sole option.

3. You may not transfer or share your Account with anyone. You may not disclose your password to any third parties. Corporate subscribers must have one Account for each participating employee; employees may not share Accounts.

4. ALL SERVICES AND PRODUCTS ARE PROVIDED "AS IS." WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO YOUR ACCOUNT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

5. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED TO ONE-HUNDRED DOLLARS ($100). SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

6. By accepting this Agreement, you expressly consent to certain disclosures of your personally identifiable and other personal information to third parties, and to use of your information by us and third parties, as enumerated in our then-current privacy policies, which are incorporated herein by reference.

7. Through your Account, we provide you with unfiltered access to other people's content. We cannot, nor do we try to, control the content that you will receive. By its very nature, other people's content may be offensive, harmful or inaccurate, and in some cases content will be mislabeled or deceptively labeled. You should note that parental control protections are commercially available and may assist you in limiting access to content that is harmful to minors. If you are interested in learning more about these protections, information is available at analogous sites providing information on such protections. We expect that you will use caution-and common sense-when using your Account. Furthermore, you shall comply with all applicable laws regarding your access to your Account.

8. 123rank .com does not make any guarantees or warranties regarding dependability, accuracy, or timeliness of our service. 123rank .com cannot be held liable for any damage or loss of information that may occur from use of our service. We offer no warranties or guarantees regarding the effectiveness and results of your paid or free advertising campaigns.

9. THIS SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND MAY BE SUBJECT TO DISRUPTIONS OR ERRORS. 123rank .com GIVES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ANY RELATED SOFTWARE, CODE, OR PRODUCT, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

10. ALL SALES ON 123rank .com ARE FINAL AND NO REFUNDS WILL BE PROVIDED.

11. IN NO EVENT WILL 123rank .com BE LIABLE TO MEMBERS FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT 123rank .com IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

12. By participating and becoming a member of 123rank .com web site, you agree to periodically receive e-mails and other forms of advertising from 123rank.com and/or advertisers or sponsors. If you do not wish to receive these announcements, send us an e-mail at contact@ 123rank.com . 123rank .com is not responsible for and shall have no liability to any person with respect to any advertising materials of third parties appearing on the 123rank .com web site or on any other site to which members may go through a link from the 123rank .com site.

13. Members agree to indemnify and hold 123rank .com its officers, directors, shareholders, agents, and representatives harmless from and against any and all claims, demands, liabilities, expenses (including attorneys’ fees), losses, and damages arising from any and all claims and lawsuits, including but not limited to claims for libel, slander, copyright infringement, and trademark violation, resulting from the contents of your web page or site, your use of the Service, or your failure to comply with any part of this Membership Agreement.

14. The term of this Agreement is perpetual. Parties my cancel at any time, without liability to the other party, upon notification by email. Upon cancellation of the Service by you or 123rank .com, you will immediately remove all references codes, from Your Site.

15. 123rank .com reserves the right to change the terms and conditions of this Contract Agreement at any time. Members are responsible for complying with any new rules posted on the website within 30 days of the date changes are posted.

16. 123rank.com has complete ownership and rights to the 123rank .com names, logos, programs, databases, reports, web sites, and information. All materials contained in the 123rank .com web site are copyright © 1999-2002 123rank.com

17. If you notice any users violating the terms and conditions of this Agreement, you may notify us at: abuse@ 123rank.com .

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